Patna High Court
Chhotu Pandey @ Barun kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, and the petitioners are released on bail subject to conditions under Section 482(2).
Summary
Petitioners Chhotu Pandey and Raj Kumar Pandey applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Substances Act, 2023, alleging assault on the informant's son and others. They contended they have clean antecedents and that the allegations are vague and the injury described as simple. The State opposed the bail, arguing the seriousness of the offences. The Court examined the specificity of the allegations and the petitioners' likelihood of fleeing, and found no sufficient ground to deny bail. Accordingly, the Court directed that the petitioners be released on bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the Act. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Substances Act, 2023
- Whether the allegations against the petitioners are specific and sufficient to justify denial of bail
- Whether the petitioners are likely to abscond or tamper with evidence
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bihar Negotiable Substances Act
- false implication
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77481 of 2025
Arising Out of PS. Case No.-65 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Chhotu Pandey @ Barun kumar Pandey son of Tez Narayan Pandey
Resident of village - Rampur Khajuriya, Ps- Dumariyaghat, Dist- East
champaran
2. Raj Kumar Pandey son of Tez Narayan Pandey Resident of village - Rampur
Khajuriya, Ps- Dumariyaghat, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 191(2),
190, 352, 351(2), 126(2), 115(2), 118(1), 109(1), 117(2), 303(2)
and 74 of B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 13.03.2025 at about 10:30 p.m., all the accused
persons including the petitioners came at the door of the
informant and started abusing and caught his son Abhishek
Pandey. Further, on orders of Vashishth Pandey, accused
Patna High Court CR. MISC. No.77481 of 2025(2) dt.16-01-2026
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Satyendra Pandey assaulted Abhishek Pandey by farsa causing
injury, thereafter Satish Pandey assaulted Rajiv Pandey by farsa
on head causing injury. It is next alleged that Vijay Pandey, Tej
Narayan Pandey, Raj Kumar Pandey (petitioner no.2) and
Chhotu Pandey (petitioner no.1) assaulted Rupesh Pandey with
farsa causing injury. Thereafter, Rani Kumari, Puja Kumari,
Anjali Kumari, Om Kumari Devi, Nirmala Devi and Manorma
Devi caught the informant and assaulted by an iron rod causing
fracture of right hand.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant with an allegation that they assaulted Rupesh
Pandey by farsa along with three other accused persons causing
injury. It is next submitted that allegation of assault is not
specific and the injury suffered by Rupesh Pandey has been
opined to be simple in nature.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, are directed to be
Patna High Court CR. MISC. No.77481 of 2025(2) dt.16-01-2026
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released on bail on their furnishing bail-bonds in the sum of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Motihari, East Champaran in connection
with Dumariyaghat P.S. Case No.65 of 2025, subject to the
conditions laid down under Section 482(2) of B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
Sanjay/-
U T
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